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 Child porn charges dropped against Garda 2/4/2005 - 3:00:05 PM Charges against a garda accused of possessing child pornography have been dropped by the Director of Public Prosecutions at Dublin Circuit Criminal Court. Judge Michael White was told by prosecuting counsel, Mary Ellen Ring SC, that the DPP had instructed her to enter a nolle prosequi on all counts on the indictment. Garda Darach Kennedy, aged 38, based at Garda Headquarters, Phoenix Park had pleaded not guilty at Dublin Circuit Criminal Court to two charges of possession of child pornography on November 7 and December 11, 2002. Judge White had advised last Tuesday, when Garda Kennedy’s trial was due to start, that the DPP should instigate an investigation into the publishing by Ireland on Sunday of an article dealing with the scheduled trial. The Ireland on Sunday article named Garda Kennedy and purported to report on the argument his defence team was to put forward at the scheduled trial. Mr Breffni Gordon BL, for Garda Kennedy, applied then to have the trial adjourned on the basis that the Ireland on Sunday article would prejudice a fair hearing for his client. Judge White said it was his view that if a juror had read the article it would damage the prosecution case rather than the defence case. He added that he did not believe it would prejudice a jury panel if it was properly charged by the trial judge. Judge White suggested it was a matter of inquiry for the DPP and said it was a very serious issue that demonstrated the need for "the press to live up to its responsibilities". |
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